{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-216.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-216.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-216.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-216.html"}],"law_id":77161,"edition_id":1,"section_id":77161,"structure_id":13469,"section_number":"28.2-216","catch_line":"Hearings before Commission","history":"1962, c. 406, \u00a7 28.1-30; 1992, c. 836.","full_text":"A\n\nAny person whose rights, duties, or privileges, including matters relating to licenses, shellfish planting grounds, or fishing stands, have been or may be affected by any action or inaction of the Commission or Commissioner without a formal hearing may demand in writing a formal hearing of his complaint. The Commission shall hold a hearing on the complaint as soon as practicable. All known interested parties shall be afforded an opportunity to be heard before the Commission. All persons who have noted their interest with the Commission shall be informed of the hearing by first class mail at least five days prior to the scheduled date of the hearing. The notice shall indicate the time and place of the hearing and the issues involved. All parties shall have the opportunity to present evidence and argument. The proponents for any regulation or matter shall be heard first, then the opponents. The Commissioner, if present, or any member of the Commission, in his absence, shall preside over the hearing. The rules of evidence shall apply insofar as possible.\n\t\t\tDepositions may be taken and read as in actions at law.B\n\nThe Commission or Commissioner shall have power to issue subpoenas and subpoenae duces tecum and, at the request of any party, shall issue such subpoena. The failure of a witness without legal excuse to appear or to testify or to produce documents shall be acted upon by the Commission in the manner prescribed in § 2.2-4022.","order_by":null,"text":{"0":{"id":276795,"text":"Any person whose rights, duties, or privileges, including matters relating to licenses, shellfish planting grounds, or fishing stands, have been or may be affected by any action or inaction of the Commission or Commissioner without a formal hearing may demand in writing a formal hearing of his complaint. The Commission shall hold a hearing on the complaint as soon as practicable. All known interested parties shall be afforded an opportunity to be heard before the Commission. All persons who have noted their interest with the Commission shall be informed of the hearing by first class mail at least five days prior to the scheduled date of the hearing. The notice shall indicate the time and place of the hearing and the issues involved. All parties shall have the opportunity to present evidence and argument. The proponents for any regulation or matter shall be heard first, then the opponents. The Commissioner, if present, or any member of the Commission, in his absence, shall preside over the hearing. The rules of evidence shall apply insofar as possible.\n\t\t\tDepositions may be taken and read as in actions at law.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":276796,"text":"The Commission or Commissioner shall have power to issue subpoenas and subpoenae duces tecum and, at the request of any party, shall issue such subpoena. The failure of a witness without legal excuse to appear or to testify or to produce documents shall be acted upon by the Commission in the manner prescribed in § 2.2-4022.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13469,"edition_id":1,"name":"Proceedings and Actions","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":12815,"metadata":{},"date_created":"2026-06-26 03:44:57","date_modified":"2026-06-26 03:44:57","permalink":{"id":190855,"object_type":"structure","relational_id":13469,"identifier":"3","token":"28.2\/II\/2\/3","url":"\/28.2\/II\/2\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12815,"edition_id":1,"name":"General Provisions","identifier":"2","label":"chapter","depth":3,"order_by":1,"parent_id":12814,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190761,"object_type":"structure","relational_id":12815,"identifier":"2","token":"28.2\/II\/2","url":"\/28.2\/II\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12814,"edition_id":1,"name":"Tidal Fisheries","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12813,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190673,"object_type":"structure","relational_id":12814,"identifier":"II","token":"28.2\/II","url":"\/28.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12813,"edition_id":1,"name":"Fisheries and Habitat of the Tidal Waters","identifier":"28.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190589,"object_type":"structure","relational_id":12813,"identifier":"28.2","token":"28.2","url":"\/28.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77161,"structure_id":13469,"section_number":"28.2-216","catch_line":"Hearings before Commission","url":"\/28.2-216\/","token":"28.2\/II\/2\/3\/28.2-216","metadata":false},{"id":73652,"structure_id":13469,"section_number":"28.2-217","catch_line":"Procedure of hearing","url":"\/28.2-217\/","token":"28.2\/II\/2\/3\/28.2-217","metadata":false},{"id":59816,"structure_id":13469,"section_number":"28.2-218","catch_line":"Finding, award, etc., of Commission","url":"\/28.2-218\/","token":"28.2\/II\/2\/3\/28.2-218","metadata":false},{"id":58947,"structure_id":13469,"section_number":"28.2-219","catch_line":"Judicial review in contested cases","url":"\/28.2-219\/","token":"28.2\/II\/2\/3\/28.2-219","metadata":false},{"id":54434,"structure_id":13469,"section_number":"28.2-220","catch_line":"Appeals to Court of Appeals","url":"\/28.2-220\/","token":"28.2\/II\/2\/3\/28.2-220","metadata":false},{"id":67490,"structure_id":13469,"section_number":"28.2-221","catch_line":"Proof of posting of notices","url":"\/28.2-221\/","token":"28.2\/II\/2\/3\/28.2-221","metadata":false}],"next_section":{"id":73652,"structure_id":13469,"section_number":"28.2-217","catch_line":"Procedure of hearing","url":"\/28.2-217\/","token":"28.2\/II\/2\/3\/28.2-217","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-216\/","history_text":"

This law was first created in 1962. The record of its establishment is cataloged in chapter 406 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1962 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1992, chapter 836.<\/p>","references":[{"id":61193,"section_number":"28.2-232","catch_line":"Revocation of licenses","order_by":null,"url":"\/28.2-232\/"},{"id":85007,"section_number":"28.2-404","catch_line":"Appeals from actions of Commissioner","order_by":null,"url":"\/28.2-404\/"},{"id":76785,"section_number":"28.2-515","catch_line":"Dredging or scraping on private ground; permit required","order_by":null,"url":"\/28.2-515\/"}],"refers_to":[{"id":77359,"section_number":"2.2-4022","catch_line":"Subpoenas, depositions and requests for admissions","order_by":null,"url":"\/2.2-4022\/"}],"permalink":{"id":190857,"object_type":"law","relational_id":77161,"identifier":"28.2-216","token":"28.2\/II\/2\/3\/28.2-216","url":"\/28.2-216\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-216\/","token":"28.2\/II\/2\/3\/28.2-216","dublin_core":{"Title":"Hearings before Commission","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-216","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person whose rights, duties, or privileges<\/span>, including matters relating to licenses, shellfish<\/span> planting grounds, or fishing<\/span> stands, have been or may be affected by any action or inaction of the Commission<\/span> or Commissioner<\/span> without a formal hearing<\/span> may demand in writing a formal hearing<\/span> of his complaint. The Commission<\/span> shall hold a hearing<\/span> on the complaint as soon as practicable. All known interested parties shall be afforded an opportunity to be heard before the Commission<\/span>. All persons who have noted their interest with the Commission<\/span> shall be informed of the hearing<\/span> by first class mail at least five days prior to the scheduled date of the hearing<\/span>. The notice shall indicate the time and place of the hearing<\/span> and the issues<\/span> involved. All parties shall have the opportunity to present evidence<\/span> and argument. The proponents for any regulation or matter shall be heard first, then the opponents. The Commissioner<\/span>, if present, or any member of the Commission<\/span>, in his absence, shall preside over the hearing<\/span>. The rules of evidence<\/span> shall apply insofar as possible.\n\t\t\tDepositions<\/span> may be taken and read as in actions at law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commission<\/span> or Commissioner<\/span> shall have power to issue<\/span> subpoenas<\/span> and subpoenae duces tecum and, at the request of any party<\/span>, shall issue<\/span> such subpoena<\/span>. The failure of a witness<\/span> without legal excuse to appear or to testify or to produce documents shall be acted upon by the Commission<\/span> in the manner prescribed in § 2.2-4022<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHEARINGS BEFORE COMMISSION (\u00a7 28.2-216)\n\nA. Any person whose rights, duties, or privileges, including matters relating to\nlicenses, shellfish planting grounds, or fishing stands, have been or may be\naffected by any action or inaction of the Commission or Commissioner without a\nformal hearing may demand in writing a formal hearing of his complaint. The\nCommission shall hold a hearing on the complaint as soon as practicable. All\nknown interested parties shall be afforded an opportunity to be heard before the\nCommission. All persons who have noted their interest with the Commission shall\nbe informed of the hearing by first class mail at least five days prior to the\nscheduled date of the hearing. The notice shall indicate the time and place of\nthe hearing and the issues involved. All parties shall have the opportunity to\npresent evidence and argument. The proponents for any regulation or matter shall\nbe heard first, then the opponents. The Commissioner, if present, or any member\nof the Commission, in his absence, shall preside over the hearing. The rules of\nevidence shall apply insofar as possible.\n\t\t\tDepositions may be taken and read as in actions at law.\n\nB. The Commission or Commissioner shall have power to issue subpoenas and\nsubpoenae duces tecum and, at the request of any party, shall issue such\nsubpoena. The failure of a witness without legal excuse to appear or to testify\nor to produce documents shall be acted upon by the Commission in the manner\nprescribed in § 2.2-4022.\n\nHISTORY: 1962, c. 406, \u00a7 28.1-30; 1992, c. 836.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}